Not have a Will as i own nothing in Thailand, and own nothing in UK now all my money is tied up in my wife's name, she is many things but i know 1 million percent she would never sell this land as her mentality is to keep everything.

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

Why don't you just go the land department and ask them, or better still go to the police and tell them that you made a false declaration to a government department, then get back to us.

Section 1469. Any agreement concluded between husband and wife during marriage may be avoided by either of them at any time during marriage or within one year from the day of dissolution of marriage; provided that the right of third persons acting in good faith are not affected thereby.

Why don't you just go the land department and ask them, or better still go to the police and tell them that you made a false declaration to a government department, then get back to us.

Don't take this too personally but a Thai lawyer is better placed to advise someone
about Thai law than a farang Bar-stool lawyer ,do you agree?

Second point:- Surely my lawyer would of pointed out to me that I would be making a false declaration and breaking the law by going to the land-office
to get my name added to the chanote and surely he would be aiding and abetting me to break the law by doing just that. Do you agree?

Final point:- Surely the Government official would of pointed out to both me and my lawyer that I was making a false declaration and wouldn't of added my name to the chanote. Do you agree? So who is breaking the law? Who hasn'tgot a clue about Thai law? And who is talking absolute shite?

So I will
take it this thread has reached its conclusion because the three resident
Law-Experts have dredged the archives of the Teakdoor legal & Law sections and can't come up with anything new to discredit an Usufruct Agreement.
Yes Gentlemen you have to understand the law and its entire application to living and working in Thailand and not just snippets that you've read somewhere or heard from the person on the bar-stool next to you. No offence.
If anyone needs legal advice it will always work out best for you to seek out a reputable Law-Firm and lawyer.

My very kind wife has just gave me a piece of land, that we purchased so i can buiild a home on for myself, no usufruct no contract, just through the goodness of her heart.

The is how it went, she said why do you want to go rent in ubon when you can stay near the kids and see them everyday, you can still eat with the family we can still go and enjoy with the kids, the kids love you your good for them.

Heres the crunch she could taken me to the cleaners over the years, and done what many farangs are paranoid about.(losing everything), and it would of been my own fault for being a asshole

We have agreement that both of us can have new partners, though the kids have to come first until there able to take care of themselves.

theres always a alternative take the time and find one, its taken us a long time but now both are happy with the arrangement.

Took a long time to get there, and yes i was paranoid for years about the same thing as many.

My very kind wife has just gave me a piece of land, that we purchased so i can buiild a home on for myself, no usufruct no contract, just through the goodness of her heart.

The is how it went, she said why do you want to go rent in ubon when you can stay near the kids and see them everyday, you can still eat with the family we can still go and enjoy with the kids, the kids love you your good for them.

Heres the crunch she could taken me to the cleaners over the years, and done what many farangs are paranoid about.(losing everything), and it would of been my own fault for being a asshole

We have agreement that both of us can have new partners, though the kids have to come first until there able to take care of themselves.

theres always a alternative take the time and find one, its taken us a long time but now both are happy with the arrangement.

Took a long time to get there, and yes i was paranoid for years about the same thing as many.

Yasso reading your post leads me to believe that the words "living in a madhouse" is a very accurate description .

My very kind wife has just gave me a piece of land, that we purchased so i can buiild a home on for myself, no usufruct no contract, just through the goodness of her heart.

The is how it went, she said why do you want to go rent in ubon when you can stay near the kids and see them everyday, you can still eat with the family we can still go and enjoy with the kids, the kids love you your good for them.

Heres the crunch she could taken me to the cleaners over the years, and done what many farangs are paranoid about.(losing everything), and it would of been my own fault for being a asshole

We have agreement that both of us can have new partners, though the kids have to come first until there able to take care of themselves.

theres always a alternative take the time and find one, its taken us a long time but now both are happy with the arrangement.

Took a long time to get there, and yes i was paranoid for years about the same thing as many.

Yasso reading your post leads me to believe that the words "living in a madhouse" is a very accurate description .

For those of us who actually live in Issan, not in a cocooned farang sub culture, the place is a madhouse.

Sitting here on my stilt patio can see 5 guys sitting drinking Lao Kow in the shade of a tree in my backyard.
Women of the house decided to change the water in the kids pool, pool is in the kitchen area.Do you run a hose outside to drain the water, no just pull the drain plug, water can find it's own way out.

9 guys now cooking on a fire, some sort of Buddha day, guess I will have to go sit there for a few Lao Kows. Jim

I took the time to read all 6 pages of this pissing match between you guys.

It seems to come down to the argument of who's better protected from their hill-billy thai wife should things go sideways in regards to the mansion you built on her land in that one buffalo village up in Nakhon Nowhere. Of course that's just the summary I got from reading it.

It would be laughable if it wasn't such a pathetic read.

Just a question because I'm curious (which is usually only fatal to cats).

When you guys were kids playing in the sand box with your GI-Joe toy soldier, did you say; "When I grow up, I'm going to move to a pissant developing third world country, marry a dumb hill-billy, build a mansion on land I can't own and then worry about it for the rest of my life..." I mean I just wanna know?

I took the time to read all 6 pages of this pissing match between you guys.

It seems to come down to the argument of who's better protected from their hill-billy thai wife should things go sideways in regards to the mansion you built on her land in that one buffalo village up in Nakhon Nowhere. Of course that's just the summary I got from reading it.

It would be laughable if it wasn't such a pathetic read.

Just a question because I'm curious (which is usually only fatal to cats).

When you guys were kids playing in the sand box with your GI-Joe toy soldier, did you say; "When I grow up, I'm going to move to a pissant developing third world country, marry a dumb hill-billy, build a mansion on land I can't own and then worry about it for the rest of my life..." I mean I just wanna know?

Strange enough out my way, few farangs, but they usually live out their dream and die, of boredom and alcohol.
Not too many younger guys come out to set up home.
Done many stupid things in my life, sure others have as well, don't want to take chances, stay home.
Anyone wants to believe they are secure here, up to them, the rest of us just get on with life. Jim

Thanks you,,,, Toddaniels

Originally Posted by toddaniels

I took the time to read all 6 pages of this pissing match between you guys.

It seems to come down to the argument of who's better protected from their hill-billy thai wife should things go sideways in regards to the mansion you built on her land in that one buffalo village up in Nakhon Nowhere. Of course that's just the summary I got from reading it.

It would be laughable if it wasn't such a pathetic read.

Just a question because I'm curious (which is usually only fatal to cats).

When you guys were kids playing in the sand box with your GI-Joe toy soldier, did you say; "When I grow up, I'm going to move to a pissant developing third world country, marry a dumb hill-billy, build a mansion on land I can't own and then worry about it for the rest of my life..." I mean I just wanna know?

I am a new member to this site and I was reading this thread to learn the differences between superficies and usufruct. thinking that the members on this forum may offer some added value with their knowledge and life experiences.

Best post was from Toddaniels,,,, thank you!

Guess I will look at CTH forum for my learning curve rather than reading this garbage!

Now, what happens, if your wife is in jail (Womens Correctional Institute) for four years and you want to divorce her. No property, no kids, no assets. Do you just turn up at the registration office or family court with the marriage certificate and ask them to get on with it? Do you have to do it in the province she resides (the monkey house)? Would you have to provide evidence she is in prison? Will you need a lawyer?

The thing is, rick, there's a new girl in tow and seeing as the marriage was affirmed by the British consulate in Thailand, could cause problematic for any future visa application. Got to do it by the book.

I could be mistaken but I believe the fact that your thai wife is incarcerated doesn't negate her rights in divorce proceedings.

Just a question, did you get married here in Thailand, at the Amphur and then take the Kor Ror 2 & 3 to your embassy to recognize it or what?

Getting divorced in thailand IF both parties agree to the terms is as easy as getting married here. Actually, it's easier because you don't need that affirmation of freedom to marry paper from your embassy.

You guys go to the Amphur, sign the divorce papers, include the addendum about who gets what (if there's any stuff to split up), pay the filing fee and Bob's your uncle, you're divorced..

Now seeing as your wife can't waltz up to the local Amphur with you that could throw a spanner in the gears of progress.

Call any number of law firms and ask them, they all answer questions for free. I'd call a few to get a fair sampling of answers because thaiz are famous for pulling answers outta their assholes to questions they don't know the answer to.. This way at least you see if what one is telling you jibes with what another is telling you.

I doubt you're the first husband in the history of Thailand who wants to divorce his currently imprisoned wife. Although you are the first foreigner I've ever heard of wanting to do so.

Hopefully you've made a better choice as far as a thai significant other with the "in tow" replacement.

Conversely, if you're over 50, I'd switch to a yearly extension of stay based on retirement. . . However, I could be mistaken in assuming you're talking about your visa for thailand not a visa to lug a thai back where ever it is you come from.